Specified Issuance means the issuance of any Incremental Term Loan Facility or incurrence of any Indebtedness by the Borrower or any other Loan Party pursuant to Section 6.01(s) in the form of notes, including for the avoidance of doubt, pursuant to the issuance of Convertible Debt and related Permitted Equity Derivatives and, in each case, solely to the extent that such Incremental Term Loan Facility or Indebtedness incurrence is designated by the Borrower as a Specified Issuance.
Specified Issuance means the sale, issuance or exercise after the Closing Date by any Loan Party or any of its Subsidiaries of any Capital Stock or any capital contribution by any Person to any such Loan Party or Subsidiary, other than an Equity Cure Investment.
Specified Issuance means the issuance of any Incremental Term Loan Facility (other than any Incremental Term Loan Facility in the form of a “Term Loan A” provided by bank lenders) or incurrence of any Indebtedness by the Borrower or any other Loan Party pursuant to Section 6.01(s) in the form of notes, including for the avoidance of doubt, pursuant to the issuance of Convertible Debt and related Permitted Equity Derivatives.
Examples of Specified Issuance in a sentence
In connection with any Specified Issuance, the Corporation shall give written instructions to each Series A-1 Stockholder, Series A-2 Stockholder and Series A-3 Stockholder directing such holder to approve such Specified Issuance in the manner described in this Section 4.1.
The Debtors shall not file with the Bankruptcy Court or enter into any Specified Issuance Documentation without the prior written consent of the Requisite Commitment Parties.
Each Backstop Party shall use commercially reasonable efforts in working together with the Debtors in good faith and to take or cause to be taken all actions, and do or cause to be done all things, reasonably necessary, proper or advisable to timely finalize the Specified Issuance Documentation.
Upon the occurrence of each Specified Issuance, the Company shall prepay the Advances in an amount equal to the Relevant Percentage of the Net Available Proceeds thereof.
A “false representation” can occur independently from whether there was deliberate intent of any person or producer of goods.
More Definitions of Specified Issuance
Specified Issuance means any issuance of Qualified Capital Stock described in clause (10) of clause (b) of Section 4.09.
Specified Issuance has the meaning set forth in Section 8(c).
Specified Issuance means the issuance of any Incremental Term Loan Facility or incurrence of any Indebtedness by the Borrower or any other Loan Party pursuant to S ection 6.01(s) in the form of notes, including for the avoidance of doubt, pursuant to the issuance of Convertible Debt and related Permitted Equity Derivatives and, in each case, solely to the extent that such Incremental Term Loan Facility or Indebtedness incurrence is designated by the Borrower as a Specified Issuance.
Specified Issuance means the issuance of any Incremental Term Loan Facility or incurrence of any Indebtedness by the Borrower or any other Loan Party pursuant to Section 6.01(s) in the form of notes, including for the avoidance of doubt, pursuant to the issuance of Convertible Debt and related Permitted Equity Derivatives and, in each case, solely to the extent that such Incremental Term Loan Facility or Indebtedness incurrence is designated by the Borrower as a Specified Issuance. “Specified Issuance Incremental Amount” means $0 as of the Effective Date; provided, that such amount shall be automatically increased up to a maximum of $75 million by an amount equal to the Specified Issuance Commitment Reduction. “Specified Issuance Commitment Reduction” has the meaning assigned to such term in Section 2.09(e). “Specified Representations” means the representations and warranties set forth in Sections 3.01(a), 3.02, 3.03(b), 3.08, 3.13, 3.14, 3.15, and 3.18. “Stated Maturity Date” means the fifth anniversary of the Effective Date; provided, that individual Lenders may elect to extend the Maturity Date applicable to their Loans and Commitments pursuant to the terms and conditions of Section 2.25. “Statutory Reserve Rate” means a fraction (expressed as a decimal), the numerator of which is the number one and the denominator of which is the number one minus the aggregate of the maximum reserve percentages (including any marginal, special, emergency or supplemental reserves) expressed as a decimal
Specified Issuance means the issuance of new Subordinated Indebtedness or new Senior Unsecured Note Indebtedness in an aggregate principal amount in excess of $200,000,000 on or after January 17, 2008.
Specified Issuance means (a) any issuance of Indebtedness for borrowed money by members of the Allied Group; and (b) any issuance of Cash-Pay Preferred Stock by members of the Allied Group.
Specified Issuance means the sale or issuance in one or more transactions completed on or before June 30, 2008 to any Person or Persons (other than Purchaser or its affiliates) of debt of the Company or Dynamic Fuels, LLC in an aggregate amount equal to or less than Seventy—Five Million Dollars ($75,000,000) for all such transactions; provided that such sale or issuance shall include in whole or in part the sale or issuance to all of such Person or Persons of warrants exercisable into not more than an aggregate of Eleven Million Two Hundred Fifty Thousand (11,250,000) shares of Common Stock at a price that is lower than the Daily Market Price as of the date of sale or issuance (the “Specified Issuance Warrants”); provided further that such debt securities shall not be convertible into, exercisable or exchangeable for, or have any value that is derived in whole or in part from, any shares of any class of the Company’s capital stock.